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Motion to compel further answers to requests for admission in California

A motion to compel further answers to requests for admission in California is the topic of this blog post.

This motion to compel is authorized by Code of Civil Procedure section 2033.290.

The motion is similar to most other motions to compel in California in that a separate statement must be concurrently filed and served as required pursuant to California Rule of Court 3.1345. The separate statement must contain each request for admission, each response, and the basis for a further response.

Code of Civil Procedure section 2033.290(a) states in pertinent part that, ”On receipt of a response to requests for admission, the propounding party may move for an order compelling a further response if the party deems that any of the following apply: (1) an answer to a particular requests is evasive or incomplete.(2) An objection to a request is without merit or too general. “

“The motion must be accompanied by a meet and confer declaration under 2016.40.”  See Code of Civil Procedure section 2033.290(b).

It is good practice to combine the sending of meet and confer letters (at least two) with telephone calls with the responding party or their counsel as some Judges will deny motions to compel if they feel that the moving party did not make a reasonable good faith effort to meet and confer to avoid the need for judicial intervention.

And the motion to compel must be filed within 45 days of service of the responses or the party waives any right to compel further responses unless both the requesting and responding party have agreed in writing to extend the time to file any motion to compel.

Code of Civil Procedure section 2033.290(c) states that, “Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission.

Monetary sanctions are mandatory except in specified situations.

Code of Civil Procedure section 2033.290(d) states that, “The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”

Attorneys or parties in California who would like to view a portion of a sample 20 page motion to compel further answers to requests for admission containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, separate statement, sample declaration and proof of service by mail sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

You can view portions of over 300 sample legal documents for California and Federal litigation at View over 300 sample legal documents for sale

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.”

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

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